Prepare for
a Successful
Mediation
By: Bryce H. Bennett, Jr., RBE Attorney
M
ediation offers something for everyone: Plaintiffs
with legitimate claims have an opportunity for early
compensation. Defendants exposed to an adverse
judgment can promptly eliminate their contingent
liability.
Insurers can liquidate their indemnity obligation,
terminate defense cost and close their files sooner. Effective
mediators can develop a new and lucrative practice area centered
on dispute resolution and promote civil justice by clearing over-
crowded court dockets. Judges are better able to concentrate
their resources on adjudicating only the most stubborn cases.
But mediation does not deliver these results without hard work and
careful preparation by everyone involved in the process. Participation
in mediation will only add to the cost, expense and risk of litigation if
it is entered into unwillingly, prematurely or without the appropriate
preparation. Because the value of mediation is now accepted by seasoned
litigators, corporate litigants, and claims professionals, unwillingness
to participate should no longer be a problem. Too often, however, the
importance of timing and preparation for mediation is overlooked.
Alternative Dispute Resolution Rule 2.2 provides that a court
may select a case for mediation at any time 15 days or more
after the period allowed for preemptory change of judge has
expired. This should be 10 days after the issues are first closed
on the merits. Although early resolution of litigation is the
desired result of mediation, the preparation necessary for a
successful mediation can rarely be accomplished within 63 days.
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Riley Bennett Egloff LLP - June2017